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ARTICLE · 26 MARCH 2020

The Right To Limit Liability In An Admiralty Action

In shipping adventures, calamities such as damage, loss of lives and goods may occur.

NigeriaTransport

In shipping adventures, calamities such as damage, loss of lives and goods may occur. In such a case, there may be an action against the owner, charterer, manager or the operator of the ship or even the ship involved. If the ship or its owner, charterer, manager or the operator of the ship is allowed to bear the brunt of the damage or loss, it may affect them to the extent that they may be out of business.

It is to this end that the law protects them, not necessarily to support their potential negligence, default or wrongful action or to exonerate their liability but, as a matter of public policy, to keep them in business for the greater good of maritime commerce.

The Admiralty Jurisdiction Act, ('AJA') provides for limitation of liability proceedings, where a defendant has been sued for compensation under any admiralty law, including the Merchant Shipping Act, for any calamity on the sea. It gives a defendant, who apprehends that a claim for compensation, may

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